Wunderlin v. Cadogan
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land in the city of Oakland.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land in the city of Oakland. The plaintiff, in his opening statement, said that Hayes and Caperton owned the demanded premises in 1855, and sold it to Samuel J. Clark, who paid a portion of the purchase-money down, and gave his notes for the balance; that the grantors gave Clark a deed, in which the name of the grantee was left blank; that Hayes and Caperton after-wards sued. Clark on the notes, but before they recovered judgment, he, without the knowledge of…
1Opinion of the Court
By the Court :
In concluding that the title of the plaintiff was equitable merely, the court below must have overlooked the fact that Hayes and Caperton had conveyed the premises directly to the plaintiff. At the time that the latter conveyance was made, the legal title was in the grantors; for the instrument previously delivered by them to Clark (which is the pretended deed to Marshall) was void as a conveyance—there being no grantee mentioned therein.
Judgment reversed, and cause remanded for a new trial. Remittitur forthwith.
2Cited by8 opinions
- Trout v. TaylorCalifornia Supreme Court · 1934
- Lockwood v. BassettMichigan Supreme Court · 1883
- Jones v. CoulterCalifornia Court of Appeal · 1925
- Lund v. ThackerySouth Dakota Supreme Court · 1904
- Jay v. DollarhideCalifornia Court of Appeal · 1970
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